Regal Benelong Pty Ltd v North Sydney Council [2024] NSWLEC 1042

Land and Environment Court New South Wales

Medium Neutral Citation: Regal Benelong Pty Ltd v North Sydney Council [2024] NSWLEC 1042 Hearing dates: Conciliation conference on 2 February 2024 Date of orders: 09 February 2024 Decision date: 09 February 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application No DA323/21 for demolition of the existing dwelling and construction of a three-storey boarding house at 124 Benelong Road, Cremorne, is determined by the grant of consent, subject to conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION: boarding house developing in R4 High Density Residential zone – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, ss 34, 39 North Sydney Local Environmental Plan 2013, cll 4.3, 6.10 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 29, 30, 30A State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 Texts Cited: North Sydney Development Control Plan 2013 Category: Principal judgment Parties: Regal Benelong Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: G Hartley (Solicitor) (Applicant) C Morton (Solicitor) (Respondent)